FINAL REGULATION ORDER
Title 13, California Code of Regulations Division 3: Air Resources Board
Chapter 1: Motor Vehicle Pollution Control Devices
Amend title 13, California Code of Regulations, section 2025, to read as follows: NOTE: Set forth below are amendments to title 13, of the California Code of Regulations. Amendments to existing sections are shown in underline to indicate additions and strikeout to indicate deletions. All other portions remain unchanged and are indicated by the symbol * * * * * for reference.
Article 4.5. 2025. Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides
of Nitrogen and Other Criteria Pollutants from In-Use Heavy-Duty Diesel-Fueled Vehicles.
The purpose of this regulation is to reduce emissions of diesel particulate matter (PM), oxides of nitrogen (NOx) and other criteria pollutants from in-use diesel-fueled vehicles. (b) Scope and Applicability
Except as provided in subsection (c), this regulation applies to any person, business, federal government agency, school district or school transportation provider that owns or operates, leases, or rents, affected vehicles that operate in California. The regulation also applies to persons that sell affected vehicles in California and those described in section 2025(x). Affected vehicles are those that operate on diesel-fuel, dual-fuel, or alternative diesel-fuel that are registered to be driven on public highways, were originally designed to be driven on public highways whether or not they are registered, yard trucks with on-road engines or yard trucks with off-road engines used for agricultural operations, both engines of two-engine sweepers, schoolbuses, and have a manufacturers gross vehicle weight rating (GVWR) greater than 14,000 pounds (lbs). (c) Exemptions
* * * * * (d) Definitions
For purposes of this regulation, the following definitions apply: (1) 2006 Baseline Fleet means diesel-fueled heavy-duty vehicles with a GVWR
greater than 26,000 lbs included in the scope of section 2025(b) that were owned by a in the fleet and registered to operate in California on October 1, 2006 with the California Department of Motor Vehicles, or were owned by a in the fleet,
registered to operate on October 1, 2006 in a jurisdiction that is an International Registration Plan member, and were driven at least 1,000 miles in California in the calendar year 2006. A fleet owner must include all vehicles that fall within the scope and applicability of section 2025(b) and must exclude all vehicles that are exempt from the regulation in the exemptions section 2025(c).
(2) 2007 Model Year Emissions Equivalent * * * * *
(3) 2010 Model Year Emissions Equivalent Engine * * * * *
(4) Advanced Technology Vehicle means one of the following vehicle types with a GVWR greater than 26,000 lbs: (A) A hybrid vehicle that meets PM BACT and draws propulsion energy from
both a consumable fuel and a rechargeable energy storage system, has maximum power available from the rechargeable energy storage system during a standard 10 second pulse power or equivalent test of at least 15 percent of the vehicles total traction power, and a City Fuel Economy of at least thirty percent greater than that of the equivalent non-hybrid make/model vehicle as determined in accordance with the requirements of Internal Revenue Bulletin 2007-23 (www.irs.gov/irb/2007-23_IRB/ar08.html); or
(B) A hybrid vehicle that meets PM BACT and has an on-board electrical energy storage device with useful capacity equivalent to greater than or equal to ten miles of Urban Dynamometer Driving Schedule (UDDS) range on electricity alone, is equipped with an on-board charger, and is rechargeable from an external connection to an off-board electrical source; or
(C) A zero emission vehicle that produces no evaporative emissions and does not produce any exhaust emissions while operating, such as a fuel cell or battery electric vehicle.
(5)(4 ) Agricultural Operations means: (A) The activity of growing orand harvesting crops for the primary purpose of
making a profit or providing a livelihood including any horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm product. Raising plants at nurseries that sell exclusively retail are not included, or
* * * * *
(6)(5) Agricultural Vehicle * * * * * (7) (6) Alternative Diesel Fuel * * * * * (8)(7) Alternative Fuel means natural gas, propane, ethanol, methanol,
hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel
fuel. Alternative fuel also means any of these fuels used in combination with each other or in combination with other non-diesel fuels.
(9)(8) Alternative-Fueled Engine * * * * * (10)(9) Authorized Emergency Vehicle has the same meaning as California
Veh.icle Code section 165. (11)(10 ) California Based Broker * * * * * (12)(11 ) Commercial Vehicle * * * * * (13)(12 ) Common Ownership or Control * * * * * (14)(13 ) Compliance Year * * * * * (15)(14) Compression Ignition Engine * * * * * (16)(15 ) Dedicated Snow Removal Vehicle * * * * * (17)(16 ) Diesel Fuel * * * * * (18)(17 ) Diesel Particulate Filter * * * * * (19)(18 ) Diesel Particulate Matter (PM) * * * * * (20)(19 ) Drayage Truck * * * * * (21)(20 ) Dual-Fuel Engine * * * * * (22)(21) Electronic Tracking System
(A) The tracking device must acquire date, time, and engine-on data at a minimum of 15 minute intervals, with no more than 30 minute data gaps. The tracking device must also acquire location data for vehicles claiming to operate exclusively in NOx-exempt areas and for vehicles that must document low-use in California when their total miles of operation exceed 1,000 miles and total hours of operation exceed 100 hours.
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(23)(22) Emergency Operation * * * * * (24)(23 ) Emergency Support Vehicle * * * * * (25)(24 ) Executive Officer * * * * * (26)(25) Farm * * * * * (27)(26) Farming Business * * * * * (28)(27 ) First Point of Processing * * * * * (29)(28) Fleet means one or more vehicles, that travel in California in a
compliance year and are subject to this regulation that is owned by a person, business, or government agency as defined in California Vehicle Code 460 traveling
in California and subject to this regulation. A fleet may fall into one of the following subclassifications:
* * * * *
(30)(29) Fleet Owner means, except as modified below in paragraphs (A) and (B), the person or entity that owns the fleet as defined in 2025(d)(29). For purposes of enforcement, if the operator of vehicle cannot provide evidence of legal ownership as defined in California Vehicle Code 460, then the owner shall be presumed to be either the person registered as the owner or lessee of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; as evidenced on the vehicle registration document carried in the vehicle. or the vehicle title, except as specified in (A), (B) and (C) below:
* * * * *
(B) For vehicles that are rented or leased from a business that is regularly
engaged in the trade or business of leasing or renting motor vehicles without drivers:
* * * * *
(C) A financing company or a person that only provides financing to a third party
in the form of finance leases, as defined in California Uniform Commercial Code Section 10103(a)(7), is not considered to own the vehicles that are financed. Similarly, a financing company or a person that only provides financing to a third party for engine replacements or for PM filter retrofits is not considered to be the owner of the engine or retrofit.
(30) Fleet Size means the total number of diesel vehicles with a GVWR greater than 14,000 lbs in a fleet, regardless of whether the vehicles operate in California, that are under common ownership or control even if they are part of different subsidiaries, divisions, or other organizational structures of a company or agency.
(31) Fuel Efficient Hybrid Vehicle means a vehicle with an onboard energy storage system that improves the average fuel economy of the vehicle by at least 20 percent compared to a conventional diesel vehicle of the same model year and configuration. The vehicle must have a combination of an engine and onboard energy storage system that provides motive power for accelerating the vehicle, regenerative braking, or operates auxiliary equipment while stationary, such as a boom, auger, or drill rig. The energy storage system can be electric, hydraulic, pneumatic or of any other type that recovers its energy directly or indirectly from the engine. In addition, the onboard energy storage system of the hybrid vehicle can have the capability to supplement its energy from an external power source.
(31)(32) Governmental Agency * * * * * (33) "Gross Vehicle Weight Rating (GVWR)" is as defined in Vehicle Code Section 350. (32) Heavier Vehicle means a vehicle with a gross vehicle weight rating (GVWR) as
defined in Veh. Code Section 350 that is greater than 26,000 pounds. (33) Heavy Crane means an on-road single crane that is certified as power-operated
equipment that can hoist, lower, and horizontally move a suspended load, is required to be operated by a licensed crane operator, and has a gross vehicle weight rating of 54,000 pounds or more.
(34) Heavy-Duty Pilot Ignition Engine * * * * * (35) Highest Level VDECS * * * * * (36) Historic Vehicle * * * * * (37) Hubodometer * * * * * (38) International Registration Plan (IRP) is a registration reciprocity agreement
among states of the United States and provinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.
(38) Lighter Vehicle means a vehicle with a GVWR as defined in Veh. Code Section 350 from 14,001 to 26,000 pounds.
(39) Log Truck * * * * * (40) Low-Mileage Construction Truck means a vehicle that meets the definition in (A)
or (B) as follows: (A) A dump truck with a GVWR greater than 26,000 lbs that operates less than
20,000 miles per calendar year and is designed to transport construction materials such as dirt, asphalt, rock or construction debris including a transfer truck, or a tractor trailer combination used exclusively to pull bottom dump, end dump or side dump trailers, or
(B) A truck with a GVWR greater than 26,000 lbs that travels less than 15,000 miles per calendar year and is a concrete mixer truck, truck with a concrete placing boom, a water tank truck, a single engine crane with a load rating of 35 tons or more, a tractor that exclusively pulls a low-boy trailer, or a truck owned by a company that holds a valid license issued by the California Contractors State License Board.
(40)(41) Low-use Vehicle means: a vehicle that will be operated fewer than 1,000 miles in California in any compliance year. If that vehicle has an engine that powers other equipment that can only be used while stationary, the engine or power take off (PTO) must also operate less than 100 hours in any compliance year. The hour limitation does not apply for vehicles where the engine is used to power an auxiliary mechanism that strictly loads and unloads cargo from the vehicle (examples include, but are not limited to, dump trucks, cement powder trucks, or trucks with attached lift devices).
(A) A vehicle that is operated fewer than 1,000 miles within the borders of California in the compliance year, or
(B) Until January 1, 2020, a vehicle that is operated fewer than 5,000 total miles, regardless of where it is operated, in the compliance year.
(41)(42) Motor Carrier * * * * * (42)(43) Motor Home means a single vehicular unit designed for human
habitation for recreational or emergency occupancy and built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle or a vehicle that exclusively tows a trailer that was originally designed for human habitation for recreational or emergency occupancy.
(43)(44) New Fleet means a fleet of vehicles in a newly formed entity that is acquired or that enters California after January 1, 2012. Such fleets may include new businesses or out-of-state businesses that bring vehicles into California for the first time after January 1, 2012.
(44)(45) Non-Commercial Use * * * * * (45)(46) NOx Exempt Areas are the following counties Alpine,; Amador; Butte;
Calaveras; Colusa,; Del Norte,; Eastern Kern (portion of Kern County within the Eastern Kern Air Pollution Control District); Glenn,; Humboldt,; Inyo; Lake,; Lassen,; Mariposa; Mendocino,; Modoc,; Mono; Monterey,; Nevada; Northern Sonoma (as defined in title 17, CCR section 60100(e));, Plumas,; San Benito,; San Luis Obispo,; Santa Barbara,; Santa Cruz,; Shasta,; Sierra,; Siskiyou,; Northern Sutter (portion of Sutter County that is north of the line that extends from the south east corner of Colusa County to the southwest corner of Yuba County); the portion of El Dorado that is within the Lake Tahoe Air Basin; the portion of Placer that is East of Highway 89 or within the Lake Tahoe Air Basin; Trinity,; Tehama,; Tuolumne; and Yuba.
(46)(47) Person * * * * * (47)(48) PM BACT * * * * * (48) Private Utility Vehicle" means a vehicle owned by a privately-owned or publicly
held company or corporation that provides the same or similar services for water, natural gas, and electricity as a public utility operated by a municipality.
(49) Registered and Driven Safely On-Road * * * * * (50) Repower * * * * * (51) Responsible Official * * * * * (52) San Joaquin Valley Air Basin * * * * * (53) School Bus * * * * * (54) Small fleet means three or fewer diesel vehicles with a GVWR greater than
14,000 lbs that are under common ownership or control even if they are part of
different companies, subsidiaries, divisions, or other organizational structures of a company or agency, regardless of whether the vehicles operate in California.
(55)(54) Specialty Agricultural Vehicle means an agricultural vehicle having one of the following body types and has been approved for the exemption in section 2025(m)(11) by the Executive Officer:
* * * * *
(E) A truck with a self-loading bed designed to be used in the process of
harvesting lettuce. This type of vehicle is commonly referred to as a Fabco truck; or.
(F) A cattle livestock truck with a GVWR greater than 33,000 lbs or tractor-trailer combination that exclusively transports cattle, where the truck has a permanently attached livestock module, or where the tractor-trailer combination exclusively tows a trailer with a livestock module.
(56)(55 ) Three Day Pass * * * * * (57)(56 ) Tier 0 Engine * * * * * (58)(57 ) Tier 4 Final Engine * * * * * (59)(58 ) Two-Engine Sweeper * * * * * (59) Private Utility Vehicle" means a vehicle owned by a privately-owned or publi...